Boise City v. Wilkinson
Idaho Supreme Court
• APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action in ejectment to recover for the city a portion of Idaho street. Judgment for the defendants. “The dedication of said streets was complete and under such dedication the city, the representative of the public, had the right to take possession of and use them whenever the progress and development of the city should make it necessary to do so.”
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• APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action in ejectment to recover for the city a portion of Idaho street. Judgment for the defendants. “The dedication of said streets was complete and under such dedication the city, the representative of the public, had the right to take possession of and use them whenever the progress and development of the city should make it necessary to do so.” (Boise City v. Mon, 14 Ida. 272, 94 Pae. 167.) In the Hon case it was something over thirty years after the dedication when an attempt was…
1Opinion of the CourtSullivan, C. J.
This is an action in ejectment brought by Boise City, a municipal corporation, against the defendants for a certain tract of land described as “Idaho street,” running between blocks 115 and 116 in said city. The property in controversy is claimed by the city for street purposes by reason of the issuance of a patent by the United States, conveying the same to the mayor of Boise City in trust for ■the use and benefit of the occupants of the said townsite, dated May 2, 1870. That patent was based- upon a plat of said original townsite, which was filed in the U. S. land office at Boise City on…
2Cases cited16 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- Boise City v. HonIdaho Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Infanger v. City of SalmonIdaho Supreme Court · 2002
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- City of Idaho Falls v. GrimmettIdaho Supreme Court · 1941
- Harrell v. City of LewistonIdaho Supreme Court · 1973
- Boise City v. SinselIdaho Supreme Court · 1952
28 more not listed; retrieve them via the Exa API.